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(영문) 울산지방법원 2012.09.28 2012고합143

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

Defendant

A Imprisonment with prison labor for 9 years and fines for 258 million won, and Defendant B shall be punished by imprisonment for 2 years.

Defendant

A above.

Reasons

Punishment of the crime

"2012 Gohap143"

1. The Defendant, from March 16, 2009 to March 12, 2012, the Korea hydroelectric Power Co., Ltd., Ltd., Ltd., was stipulated as a market-type public corporation in accordance with the public notice of the Ministry of Finance and Economy from January 24, 2011. Accordingly, the Defendant is deemed as a public official when the executives and employees receive money and valuables in relation to their duties in accordance with the Act on the Management of Public Institutions (hereinafter “Korea-U.S.”). As the head of the Gori Nuclear Power Headquarters’s Second Power Plant Team, while working as the head of the said team, has overall control over the management of various electronic signals (hereinafter “measurement variables”) related to the operation of the said power plant.

A. At around 2009, the Defendant received money from the representative director B of H Co., Ltd., the Defendant: (a) had the Plaintiff enter into a contract for the purchase of high voltage/low voltage sealed oil equivalent to KRW 1.536 billion placed at the said G Co., Ltd., with H Co., Ltd. on May 7, 2010 in order to enable B to produce sealed oil without undergoing the procedures for the sealing of the production of French “Alebab,” which is kept and managed by the said High Atomic Energy Headquarters; and (b) had the Defendant enter into a contract with H Co., Ltd., for the purchase of sealed oil equivalent to KRW 1.536 billion, which is placed at the said G Co., Ltd., Ltd.

1) On May 17, 2010, the Defendant received KRW 30 million in the name of J, the wife in the name of the Defendant, through the Agricultural Cooperative (I) account in the name of the Defendant, at around 11:29 around May 17, 2010, with respect to the case of the above act and various contracts to be carried out in the future. Accordingly, the Defendant acquired KRW 30 million in receipt of such unlawful solicitation as to his/her duties. 2) On June 27, 2011, the Defendant received KRW 20 million in the name of H (H) from the above Agricultural Cooperative account on the pretext of supply contract and other convenience provision anticipated in the future from the above B around 10:51, 201.

The defendant is a market-type public corporation to be regarded as a public official.